Withdrawal

james (Querist) 21 January 2013 This query is : Resolved
A criminal case is pending before the magistrate court for committal to sessions court. in the meantime Govt.issued a direction to the prosecutor at the magistrate court to withdraw the case.If such an application filed, what are the powers of the magistrate?

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Devajyoti Barman (Expert) 21 January 2013
If the same is non compoundable then it has to be done through submission of Final Report by Police.

Raj Kumar Makkad (Expert) 22 January 2013
Magistrate is fully empowered to allow the PP to withdraw the case of the prosecution and there is no need to commit it and forward the matter of the withdrawal with the court of sessions judge.

james (Querist) 22 January 2013
Mr.Raj,your answer is seems to be correct.But under what provision of crpc.Sec 209 crpc does not authorise Magistrate to do so.Can you give any rulings on this aspect/

Raj Kumar Makkad (Expert) 22 January 2013
There are many citations on this point but better you search on indiankanoon.

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